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The State of North Carolina has my 2 traffic violations filed under criminal. Do I have a lawsuit?

Raleigh, NC |

I lived in North Carolina last year when I had two traffic violations. One for not having my license on me and the other for not wearing my seat belt. Both tickets were taken care of quickly and after losing my job I have had the most difficult time trying to get another with 11 years experience in private security. I finally moved to SC to stay with family and landed a good job but they told me my background check came up criminal. It seems Wake County filed my tickets under criminal and not under traffic violations. I want to know if I have a case to sue for what this has put me through not being able to get a good job for the past year? I live in Conway, SC now and would like to find out some informtion.

Attorney Answers 3

Posted

No, you have no lawsuit against the State of NC. What you do have is the right to request that your records be corrected. Good luck to you.

<a href="http://www.amoslawnc.com">Fred Amos</a> provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for <a href="http://www.dwidefenseraleigh.com">DWI's</a>. Call 919-803-7208.

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Posted

I could not get a job for the past year because of this mistake. You mean to tell me that there is nothing more I can have done but request to wipe it from my records? That doesn't sound fair.

Posted

The seat belt ticket is a traffic infraction, but the ticket for not having your license is actually considered a misdemeanor. Therefore, if someone were to run your criminal record, that charge would appear. However, I have never heard of an employer treating this type of charge as a criminal matter that would preclude someone from employment. Are you sure that it's these tickets that are causing the problem, and not something else? Did they tell you specifically that it was both of the traffic tickets?

If it's true that the problem is the tickets, there may be ways for an attorney to help you remove them from your record. I practice locally and would be happy to speak with you more about the case; please see my profile for contact information.

Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website.

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Posted

Yes sir, my license was not in my wallet at a police checkpoint. I went the next day to prove I did in fact have my Drivers license and there was no fine. The company doing my back ground check had found it as filed under criminal and the lady at the Wake County Clerk of Courts told me that someone made the mistake and it should have been filed under traffic violation or infraction.

Daniel Micah Blau

Daniel Micah Blau

Posted

If the ticket was for driving without a license, it would have received a "CR" designation for a criminal case, rather than an "IF" designation for an infraction. I don't think it was a mistake. Even so, it may still be possible to have it removed from your record. Just contact me if you'd like to discuss the matter further.

Posted

Some charges although most of us consider them "traffic" in nature are actually criminal misdemeanor charges. Your seat belt violation is actually an infraction and is therefore considered "traffic" while your NOL (No Operator's License) is considered a criminal misdemeanor charge. Employer's typically don't hold these types of charges against an applicant but if it continues to be a hindrance, I recommend that you contact a lawyer to open these matters back up.

Once the matters are re-opened, the lawyer can resolve the matters in a different type of way. A way that will lesson the impact or affect on your employment pursuits. Best wishes and be sure to call our offices should these charges continue to be a problem.

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